The Bankers Common Place book

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The Bankers Common Place book
Isaac Smith Homans
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So of a custom to make demand of the maker of a note lodged in a bank, without presenting the note to him. Whitwell v. Johnson, 17 Mass. 452. City Bank v. Cutter, 3 Pick. 414. S. P. Pearson v. Bank of Metropolis, 1 Pet. 93. Eahorg v. Bank of Columbia, 1 Har. & Gill, 231.
In all these cases, a knowledge, express or implied, of the usage, must be brought home to the party who is to be affected by it. Pierce V. Butler, 14 Mass. 303. 11 Wheat. 431.
Damages. — A bank is liable to an action for wrong
...fully refusing to transfer shares ; and the measure of damages is the value of the shares at the time of the refusal, with interest to the time of the rendition of judgment. Hussey v. M. (^ M. Bank, 10 Pick. 415. See, also, 10 Johns. 485. 3 Mass. 364.
Attachment of Shares. — Where the owner of shares assigned them to two persons, and gave a power of attorney to one of them to transfer them on the books of the bank, the power was held to be valid, whether the power authorized the transfer to be made to both assignees, or to the attorney alone ; and the bank was held not to be liable for refusing to transfer the shares to a subsequent attaching creditor, who sold them on execution.


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